Ensure your story has a happy ending

Legal Corner by Paul A. Brule


One of the most legally complex yet quite easily understood cases that I have been involved with rather recently is the subject of book titled “The Inventors Fortune Up for Grabs.” The book is about a legal case involving the fortune of the late Arthur Hadley, a local inventor. It is co-written by Suzanne G. Beyer, a member of the Hadley family, and John S. Pfarr, one of the other attorneys in the case.
    On the surface, the issue in the lawsuit was quite simple. Mr. and Mrs. Hadley leave wills and trusts that say their money is to be held in trust for the benefit of their two children, a son and a daughter, and that at the death of the last child, the money is to be distributed equally amongst their grandchildren.
    However, what happens if there are no grandchildren? Does it matter if their son, after the deaths of Mr. and Mrs. Hadley, adopted two individuals who claim to be their grandchildren entitled to the money? Does it matter if those two individuals were adopted when they were each over 30 years old?  Should the money stay in the blood line for the grandmother’s and grandfather’s distant nieces and nephews or go to the adopted individuals who claim to be grandchildren? Should the money be distributed to those named in the wills of the son and daughter?
    Over several years, the case made its way to the Rhode Island and United States Supreme Courts. Though almost everyone eventually shared some part of the fortune, huge amounts of money were lost to attorney and trustee fees, which easily could have been avoided.
    The book is well-written and very accessible to the average reader. The book follows the time line of the case and gives the attorney’s perspective of what transpired and then the view of the family member who co-authored the book.
    I don’t want to give away anymore of the story than I already have, but the real moral of the story is to avoid having a book such as this written about your family. Instead, save them the money and heartache and make sure all of your arrangements and documents will produce the result that you want, not something decided by lawyers and judges.

    Paul A. Brule is an attorney with the firm of Walsh, Brule & Nault, P.C. in Cumberland. He can be reached at (401) 334-4545.

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